Archive for July, 2013

A binman, who suffered an extensive eye injury when a hydraulic cable on his garbage truck split and sprayed its contents into his face, is to receive compensation for a workplace burn injury after his claim was heard in the Circuit Civil Court.

Kamil Kozlowski (30) was working in the Sandyford Road in Dublin in July 2011 when a hydraulic cable on the back of the garbage truck he was emptying bins into burst, spraying hot oil into his eyes.

An ambulance was immediately summoned, and Kamil received first aid at the scene for the burns he had received, before being taken to the Royal Victoria Eye and Ear Hospital where the oil was rinsed out of his eyes and Kamil was prescribed a course of eye drops.

Kamil´s initial fears that he would be permanently blinded were fortunately unfounded, but he suffered for a month from the pain ofhis burn injury and was unable to drive until his vision fully recovered.

After seeking legal advice, Kamil – from Part West Point in Dublin – made a claim for compensation for a workplace burn injury against his employers, alleging that they had not maintained the garbage truck in a safe condition and were in breach of their duty of care.

Kamil´s employers – Panda Waste Services Ltd of Navan, County Meath – admitted their liability for his injury, but no agreement could be reached about how much compensation for the workplace burn injury Kamil was entitled to.

Eventually, the claim was resolved at the Circuit Civil Court in front of Judge Alison Lindsay who, after hearing the circumstances of Kamil´s accident and injury, awarded him €15,565 in compensation.

A High Court judge has approved a settlement of compensation for the wrongful death of a woman from County Mayo, who died in February 2009 from a perforated bowel.

Mother-of-thirteen Eileen Maloney (69) from Pullathomas, County Mayo, was admitted to Mayo General Hospital on Sunday February 1st 2009 suffering from severe abdominal pain.

Eileen, who was also suffering from cancer, underwent an x-ray which suggested an obstruction in her small bowel; but it was claimed by the family that the x-ray was not reviewed for the possibility of a bowel perforation – the condition which eventually led to her death.

A CT scan, conducted five days after her admission to hospital, showed that a tumour was causing the obstruction in Eileen´s bowel, but again – the family allege – the possibility of a bowel perforation was not considered. Instead, surgery was scheduled for the following week, from which Eileen died on February 17th.

Following an investigation into Eileen´s death, the family claim they were told by one of the medical team that Eileen´s death could have been avoided – despite her being weak from her cancer treatment – if the perforated bowel had been identified in either the initial x-ray or the subsequent scan and prompt medical attention initiated.

The family consequently made a compensation claim for a wrongful death against the hospital and the Health Service Executive (HSE), but the HSE denied liability for the mistakes that led to Eileen´s death. The family persisted with their claim and, just before their case was to be heard in the High Court, Mr Justice Michael Peart heard that an out-of-court settlement had been agreed.

Under the terms of the settlement, the HSE will pay Eileen´s family €50,000 compensation for a wrongful death without an admission of liability. After hearing the circumstances of Eileen´s death and expressing his sympathy for the family, Mr Justice Michael Peart approved the settlement – stating that “this was a very, very tragic case”.

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